Page:United States Statutes at Large Volume 18 Part 2c.djvu/634

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PROCLA“&ED·}iAY 19, 1853- l S - L, NGED AT LIMA APRIL 21, 1863; Convention between the United States of America andthe Republw of Peru. Whereas differences having arisen between the United States of Cluimsupon rem America and the Republic of Peru, originating in the capture and con- W **0 mmf6d *° "· hscation by the latter of two ships belonging to citizens of the United f"°"‘“Y P°“'°" States, called the “Lizzie Thompson ” and “Georgianna;" and the two Governments not being able to come to an agreement upon the questions involved in said capture and contiscation, and being equally animated with the desire to maintain the relation of harmony which have always existed, and which it is desirable to preserve and strengthen between the two Governments, have agreed to refer all the questions, both of law and fact, involved in the capture and confiscation of said ships by the Government of Pern, to the decision of some friendly Power; and it being now expedient to proceed to and regulate the reference as Contracting purabove described, the United States of America and the Republic of ties- Peru have for that purpose named their respective Pleuipotentiaries, that is to say: The President of the United States has appointed Christopher Rob- Negommm. inson, their Envoy Extraordinary and Minister Plenipotentiary to Peru, and the President of Peru Dr. José Gregorio Paz Soldan, Minister of State in the office of Foreign Relations and President of the Council of Ministers; Who, after having exchanged their full powers, found- to bein due and proper form, have agreed upon the following articles: Anrxcnn I. The two oontractingparties agree in naming as arbiter, umpire, and The King or Beifriendly arbitrator, His Majesty the King of Belgium, conferring upon Silllitig °°l°°°°d M him the most ample power to decide and determine all the questions, “' ‘ " both of law and fact, involved in the proceedings of the Government of Peru in the capture and confiscation of the ships •* Lizzie Thompson" and “Georgianna.” Aurrctn II. The two contracting parties will adoptithe proper measures to solicit Th¤ Kgzgf Bdand obtain the assent of His Majesty the King of Belgium to act in the géggfd bg mf "' office hereby conferred upon him. _ After His Majesty the King of Belgium shall have declared his assent Papersto besubto exercise the otflce of arbiter, the two contracting parties will submit, mM6d *0 ******5*- through their diplomatic agents residing at Brussels to His Majesty copies of all the correspondence, proofs, papers, and documents which have passed between the two Governments or their respective representatives; and should either party think proper to present to said arbiter any other papers, proofs, or documents in addition to those above mentioned, the same shall be communicated to the other party within four months after the ratification of this convention. Anrxorn IH. Both arties bein e ually interested in having a decision upon the _'1`i¤w for ¤¤b¤¤i¤· questionls hereby sugmitlted, they agree to deliver to_the_said arbxter all “'°” °fd°°‘"“°“’“· the documents referred to in the second article within six months after hc shall have signified his consent to act as such.